KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No.261/2019
ORDER DATED: 09.03.2022
(Against the Order in C.C.No.357/2016 of CDRC, Thiruvananthapuram)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN | : | PRESIDENT |
SRI. T.S.P. MOOSATH | : | JUDICIAL MEMBER |
SRI. RANJIT R. | : | MEMBER |
SMT. BEENA KUMARY A. | : | MEMBER |
SRI. K.R. RADHAKRISHNAN | : | MEMBER |
APPELLANT:
| Jayakumar N., 9/447, Paradise, Mattumantha, Nellepully, Palakkad – 678 553 now residing at R.J.K. Bhavan, CRO North, Kanjirampara P.O., Thiruvananthapuram |
(by Adv. S. Krishnakumar)
VS.
RESPONDENTS:
1. | Hyundai Motors India Ltd. Represented by its Managing Director, Baani Building, 5th Floor, Near Appollo Hospital, Josola, New Delhi – 110 044 |
2. | Grand Hyundai represented by its Proprietor, 2/804, 2nd Mail, Ottapallam Road, Kallekad, Palakkad |
3. | Ajith Hyundai represented by its Managing Director, S.N. Nagar, N.H. Bypass Road, Muttathara, Manacaud P.O., Thiruvanathapuram – 695 009 |
4. | M.G.F. Hyundai represented by its Managing Director, MGF Auto Plex, 34/338E, Civil Lane Road, Padivattom, Kochi - 682024 |
JUDGEMENT
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN: PRESIDENT
This is an appeal filed by the complainant against an order dated 20.07.2019 in C.C.No.357/2016 of the Consumer Disputes Redressal Forum, Thiruvananthapuram (hereinafter referred to as the District Forum for short). The appellant had filed the complaint alleging deficiency in service on the part of the opposite parties. According to the complainant, he had purchased a Hyundai 120 Asta car, which is alleged to be suffering from a manufacturing defect. The opposite parties in the complaint are the respondents herein.
On 20.07.2019 the complaint was posted for filing chief affidavit. However, according to him, being a cardiac patient and a person who has undergone a cardiac surgery he was not in a position to appear in the court on the said date. According to him he had informed his counsel about his inability to appear in court. However, noting his absence on the said date in spite of a specific direction to appear, the District Forum dismissed his complaint for default. It is aggrieved by the said order that this appeal is filed.
On receipt of notice in the appeal, the respondents have entered appearance through counsel. We have heard the respective counsel.
It is submitted by the appellant who appears in person, that he is a senior citizen, cardiac patient and a person keeping indifferent health. It was only due to his failing health that he was unable to appear before the District Forum on 20.07.2019. Therefore, he seeks the condonation of his absence and prays for an opportunity to place and prove his case before the District Commission. The counsel for the respondents opposed the contentions of the appellant pointing out that a number of chances had been given to the appellant to appear before the District Forum after filing chief affidavit.
Having heard the respective counsel, we are inclined to accept the explanation of the appellant for his absence on 20.07.2019. The appellant is a senior citizen and a person who is keeping poor health. His case is that, a Hyundai car purchased by him was defective. It is only appropriate that such a complainant is granted another opportunity to adduce evidence in proof of his contentions in the complaint.
For the above reasons this appeal is allowed. Order dated 20.07.2019 of the Consumer Disputes Redressal Forum, Thiruvananthapuram in C.C.No.357/2016 is set aside. The District Forum is directed to provide an opportunity to the complainant to file chief affidavit and to adduce evidence in support of his contentions. After completion of evidence of all parties, the complaint shall be disposed of in accordance with law, on the merits.
Considering the fact that the complaint is on the year 2016, an effort shall be made to finally dispose of the same, expeditiously.
JUSTICE K. SURENDRA MOHAN | : | PRESIDENT |
T.S.P. MOOSATH | : | JUDICIAL MEMBER |
RANJIT R. | : | MEMBER |
BEENA KUMARY A. | : | MEMBER |
K.R. RADHAKRISHNAN | : | MEMBER |
SL
